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Home My WebLink About2013-02-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION FEBRUARY 13, 2013 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. c. Agenda Approval Chair J. Twait, H. Knackstedt, K. Peterson, C. Smith, J. Arness P. Bryson, B. Shiflea (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Administration requested the following additions and changes to the agenda: ADD TO: 5 -b: PZ13 -07 • Emails from Chuck Winegarden, Petria Falkenberg, Curt Wilcox, Colleen Ward • Letters from Peter O. Hansen, Gerald Brookman, Jim Richardson ADD TO: 5 -c: Revocation of PZO6 -26 • Amended staff comments, amended resolution, and email from Steve Voth • Memo from Jim Richardson ADD TO: 5 -d: Revocation of PZ97 -13 • Amended staff comments, amended resolution and fax from Kenai Peninsula Borough ADD TO: 5 -e: Revocation of PZ10 -43 • Amended resolution ADD: 7 -c: Discussion — Planning and Zoning Commission Meeting Time Commissioner Knackstedt requested the Commission move 5 -c, 5 -d and 5 -e before 5 -b. MOTION: Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Arness SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Smith MOVED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences • Commissioner Shiflea Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES --January 23, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT— None. 4. CONSIDERATION OF PLATS a. PZ13 -08 —Preliminary Plat —Thompson Park 2013 Replat (A replat of Thompson Park One Stop Replat, Plat 2000 -19). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -08 and Commissioner Smith SECONDED the motion. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 2 a. PZ13 -06 -An application for a Variance Permit for a variance from KMC 14.25.045(d)(1) - paving for the property known as Tract 1, Baron Park 2012 Addition (550 Daubenspeck Circle). Application submitted by Rick Koch, City Manager for City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the application met the following criteria: • Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. • The granting of the variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -06 and Commissioner Peterson SECONDED the motion. Twait opened the meeting to public hearing. Mark Schrag, 312 Princess - Mr. Schrag inquired if the notification had been done properly. Kebschull reported notices were sent to land owners within 1000 feet of the property, notice was posted on the property and a photograph was taken of the sign. There being no one else wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal procedure. c. Revocation hearing revoking Conditional Use Permit PZ06 -26 - Steve & Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging & Guide Service) -1045 Angler Drive (Lot 5, Angler Acres SD #3). Kebschull and Planning Assistant Carver reviewed the staff report and lay downs pertaining to this issue. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 3 MOTION: Commissioner Knackstedt MOVED to approve the revocation and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Commissioner Smith MOVED to postpone the revocation to no later than May 8, 2013. Due to a lack of second, the motion was not discussed or considered. VOTE ON MAIN MOTION: Commissioners voting YEA: Commissioners voting NAY: MOTION FAILED. Knackstedt, Arness, Peterson Smith, Twait Twait read the 15 day appeal procedure. BREAK: 7:52 P.M. BACK TO ORDER: 7:58 P.M. MOTION: Commissioner Knackstedt MOVED to postpone the revocation hearing revoking PZ06 -26 to the March 27 meeting and Commissioner Peterson SECONDED the motion. VOTE ON POSTPONEMENT: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. d. Revocation hearing revoking Conditional Use Permit PZ97 -13 —Abby Ala dba Ridgeway Farms (Greenhouse, Retail flowers /vegetable sales) — 5220 Strawberry Road (Tract B, Nicole Estates). Kebschull reviewed the staff report and lay down and recommended dismissing the revocation. BREAK: 8:08 P.M. BACK TO ORDER: 8:13 P.M. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 4 MOTION: Commissioner Knackstedt MOVED to approve PZ97 -13 by substitution and Commissioner Peterson SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. e. Revocation hearing revoking Conditional Use Permit PZ70 -43 — K. Theresa Hoogland dba Elevated Investments LLC — (Short term rentals) — 412 N. Forest Drive (Govt. Lot 15). Kebschull reviewed the staff report and lay down and recommended dismissing the revocation. MOTION: Commissioner Knackstedt MOVED to approve PZ10 -43 by substitution and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. BREAK: 8:18 P.M. BACK TO ORDER: 8:23 P.M. [Clerk's Note: The break was taken to allow commissioners time to read all lay downs pertaining to PZ13 -07. As per the agenda approval, 5 -c, 5 -d, and 5 -e were moved before 5 -b.] b. PZ13 -07 — A resolution of the Kenai Planning and Zoning Commission recommending approval and adoption of the Comprehensive Plan for the City of Kenai to the Kenai City Council. Kebschull reviewed the staff report and lay down. MOTION: PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 5 Commissioner Knackstedt MOVED to approve PZ13 -07 and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. Gerald Brookman, 715 Muir — Mr. Brookman read his letter included in the lay down. Laura Sievert, 3329 Beaver Loop — Ms. Sievert requested the commission reconsider the latest land use changes along the Kenai Spur Highway and Angler Drive. Mark Schrag, 312 Princess — Mr. Schrag expressed his belief the plan did not take into consideration the public comments from the April 12, 2012 meeting. Kristine Schmidt, 513 Ash Avenue — Ms. Schmidt expressed her disappointment in the process. There being no one else wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Amass, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS —None. 7. NEW BUSINESS a. Discussion —Capital Improvement Projects Priority Lists — Harbor & Parks & Recreation Commission & Beautification Committee. Kebschull reviewed the memo included in the packet. b. Discussion /Set Public Hearing — PZ13 -09 —A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.24.020 General Requirements - Development Requirements Table by altering setback requirements for residential uses, and merging KMC 14.24.030 into KMC 14.24.020 and deleting KMC 14.24.030. Carver reviewed the history of the issue and advised a work session would be set for the February 27 meeting. c. Discussion —Commission Meeting Time Kebschull polled the commissioners regarding their preferences on starting the meetings at 6:00 versus 7:00. Council Member Molloy would relay the information to Council. 8. PENDING ITEMS— None. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 6 9. REPORTS a. City Council —Council Member Molloy reviewed the February 6 personal use fishery work session and the February 6 Council meeting; thanked the commissioners on their work on the Comprehensive Plan; and, noted the personal use fishery work session on February 26. b. Borough Planning — No report. c. Administration — Kebschull announced her April 30, 2013 retirement. 10. PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess — Mr. Schrag noted his frustration that more people do not attend the meetings and felt those attending needed to feel heard. 11. INFORMATION ITEMS a. Annual Reports — Extraction of Natural Resources b. Kenai's Capital Request -2013 Legislative Session 12. NEXT MEETING ATTENDANCE NOTIFICATION — February 27, 2013 13. COMMISSION COMMENTS & QUESTIONS — None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:47 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 7